Administrative Law Commons^™

Guarantees And Capital Infusions In Response To Financial Crises B: U.S. Guarantees During The Global Financial Crisis, June Rhee, Andrew Metrick

Journal of Financial Crises

During 2008-09, the federal government extended multiple guarantee programs in an effort to restore the financial market and contain the panic and crisis in the market. For example, the Treasury provided a temporary guarantee program for the money market funds, the FDIC decided to stand behind certain debts and non-interest-bearing transaction accounts, and the Treasury, the FDIC, and the Federal Reserve agreed to share losses in certain assets belonging to Citigroup. This case reviews these guarantee programs implemented during the global financial crisis by the government and explores the different rationale that shaped certain design features of each program.

The Legal Authorities Framing The Government’S Response To The Global Financial Crisis, Scott G. Alvarez Esq., Thomas C. Baxter Jr., Esq., Robert F. Hoyt Esq.

Journal of Financial Crises

The 2007–09 global financial crisis required that the Federal Reserve, Treasury Department and Federal Deposit Insurance Corporation survey their various legal authorities and consider how they might be used to mitigate the meltdown of the United States financial system. This essay explores the range of legal authorities and procedural issues presented by key facilities implemented during the crisis, many of which were new and creative. This essay also provides valuable examples of how such authorities were used and describes how, in some instances, agencies worked together to design innovative interventions that no separate agency could have achieved alone.

A Section-By-Section Analysis Of Maine's Freedom Of Access Act, Anne C. Lucey

Maine Law Review

There seems to be no absolute freedom of information. Even President Lyndon B. Johnson's declaration made on July 4, 1966, as he signed the Freedom of Information Act (FOIA) into law, indicates the limitations accompanying most right-to-know laws from their inception. A delicate balance must be struck between the public's access to public business and the public interest, between the public's access and a person's right to privacy, and, at the federal level, between the public's access and national security. Maine also crafted a limited freedom of information law, the Freedom of Access Act ("FOAA" or "the Act"), seven years …

Juliana V. United States, Anthony Reed

Public Land & Resources Law Review

Plaintiffs sued the United States government for promoting activities that were known to pollute the atmosphere and cause climate change. They claimed the government’s policies violated their rights under the substantive due process clause of the Fifth Amendment, the equal protection clause of the Ninth Amendment, and the public trust doctrine. The Ninth Circuit held it was not within the court’s Article III power to create and oversee a comprehensive plan capable of redressing the Plaintiffs’ injuries and, therefore, Plaintiffs lacked standing.

The Trump Administration Versus The Administrative State: A Response To Professor Buzbee's Deregulatory Splintering, Rebecca Bratspies

Chicago-Kent Law Review

No abstract provided.

The Future Of Progressive Regulatory Reform -- A Review And Critique Of Two Proposals, William Funk

Chicago-Kent Law Review

No abstract provided.

Response To William W. Buzbee, Deregulatory Splintering: What Might The Other Side Say?, Todd D. Rakoff

Chicago-Kent Law Review

No abstract provided.

The Regulatory Accoutability Act Loses Steam But The Trump Executive Order On Alj Selection Upturned 71 Years Of Practice, Jeffery S. Lubbers

Chicago-Kent Law Review

No abstract provided.

Mischief With Government Information Policy, Renée M. Landers

Chicago-Kent Law Review

No abstract provided.

Administrative Truth: Comments On Cortez's Information Mischief, David Thaw

Chicago-Kent Law Review

No abstract provided.

Comments On Executive Ruilemaking And Democratic Legitimacy: "Reform" In The United States And The United Kingdom's Brexit Bt Susan Rose-Ackerman, Nicholas Almendares

Chicago-Kent Law Review

No abstract provided.

Civil Servant Resistance At The Epa -- A Response To Jennifer Nou, Joel A. Mintz

Chicago-Kent Law Review

No abstract provided.

Civil Servant Alarm, Bijal Shah

Chicago-Kent Law Review

Civil servants have long resisted presidential immigration policies. However, bureaucratic by superiors, retaliation against resistance is the norm under the current dministration, despite the fact that this resistance has resulted from principled “dissonance” between civil servants’ understanding of their core responsibilities and the priorities emphasized by new political directives. Rather than condemnation, however, frequent incidents of resistance from divergent factions of the immigration bureaucracy, particularly if met with a harsh response from the President, should be characterized as a “fire alarm” imploring a congressional response.

Yedidya Loewenthal, Adv. V. Prime Minister, Isaac Amit, Anat Baron, Yosef Elron

Translated Opinions

This petition was submitted by four lawyers, residents of Bnei Brak, requesting an order nisi requiring that the State explain why Government Decision declaring the Bnei Brak municipal district as a “restricted zone” for six days not be revoked.

The Petitioners argued that the declaration of Bnei Brak as a “restricted zone” was intended only to prevent the spread of the virus to adjacent cities, but in no way related to the prevention of its spread among the residents of Bnei Brak themselves. They further argued that the declaration mortally harms the residents’ freedom of occupation, their liberty, dignity and …

Legal Nature Of Tax Liabilities As A Result Of Tax Administration, I. Ergashev

Review of law sciences

This article explores the theoretical and practical aspects of the legal nature of tax liability as a result of tax administration. Suggestions for improving tax legislation have been developed.

Some Problems Concerning The Improvement Of Administrative Proceedings In The Republic Of Uzbekistan, S. Suvanov

Review of law sciences

This article analyzes the 3-year activity of administrative courts, which are a new institution of the judicial system of the Republic of Uzbekistan, and some of their fundamental foundations, identifies problems in the system and ways to solve them. The article uses foreign experience.

Improving The Legal Framework For The Implementation Of Legal Policy By Local Authorities On The Ground, S. Yusupov

Review of law sciences

One of the areas of administrative reform is aimed at increasing the efficiency of executive bodies, strengthening their role and responsibility in this direction. Local executive authorities are the state link forming the activity of each region. This power includes the bulk of government bodies and most government employees, as a result of which it has broad powers. According to the concept of the rule of law, the main task of local executive authorities is to enforce local laws, which objectively requires activities related to the rights and interests of citizens. This, in turn, requires a serious approach to the …

Environmental Justice In Little Village: A Case For Reforming Chicago’S Zoning Law, Charles Isaacs

Northwestern Journal of Law & Social Policy

Chicago’s Little Village community bears the heavy burden of environmental injustice and racism. The residents are mostly immigrants and people of color who live with low levels of income, limited access to healthcare, and disproportionate levels of dangerous air pollution. Before its retirement, Little Village’s Crawford coal-burning power plant was the lead source of air pollution, contributing to 41 deaths, 550 emergency room visits, and 2,800 asthma attacks per year. After the plant’s retirement, community members wanted a say on the future use of the lot, only to be closed out when a corporation, Hilco Redevelopment Partners, bought the lot …

The Life Of Administrative Democracy, Joshua Ulan Galperin

Elisabeth Haub School of Law Faculty Publications

Imagine if Congress, the President, and the industries they hoped to regulate all decided that neither politically isolated bureaucrats nor a popularly sanctioned President should wield the power to administer Congress’ laws, to make legislative-type policy, to enforce that policy, and to adjudicate disputes under it. Imagine if there were another experiment, one that has persisted, but few have noticed.

Imagine no longer. Overlooked by most, there is a model for federal administration that does not rely on isolated administrators or Presidential control, but instead on elected bureaucrats. Today, the United States Department of Agriculture houses over 7,500 elected farmer-bureaucrats …

Suffering Matters: Nepa, Animals, And The Duty To Disclose, David N. Cassuto, Tala Dibenedetto

Elisabeth Haub School of Law Faculty Publications

The National Environmental Policy Act (NEPA) requires the federal government to disclose potential environmental harms arising from agency actions. Animal suffering is an environmental harm, yet no court has ruled that its infliction triggers a reporting obligation under NEPA. This Article argues that animal suffering should be a cognizable environmental harm under NEPA, that considerations of animal suffering should factor into whether an agency must prepare an EIS--and should be discussed in the content of the EIS.

Part II of this Article introduces and explains the procedural requirements of NEPA. Part III discusses animal suffering--how it is defined, how laws …